Bimal Kumar Jain and Naresh Jain vs Directorate of Enforcement

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
YOGESH KHANNA
Bimal Kumar Jain and Naresh Jain – Appellant
Versus
Directorate of Enforcement – Respondent

Table of Content
1. overview of the charges and investigation (Para 2 , 3 , 4)
2. defendant's arguments regarding arrest and constitutionality (Para 6 , 8 , 10 , 12)
3. judicial interpretations concerning pmla provisions (Para 11 , 13 , 19)
4. details of financial crimes and conspiracy (Para 22 , 23)
5. denial of bail and dismissal of petitions (Para 29 , 30)

JUDGMENT

Yogesh Khanna, J.(Through video conferencing) These petitions are for grant of bail to the applicant Bimal Jain (Bail Application No.112/2021) and Naresh Jain (Bail Application No.122/2021).

2. On 01.07.2017, an enquiry under FEMA, 2019 was commenced by the respondent and searches were carried out at various places against accused Naresh Jain and others. It is alleged petitioners and others had appeared on numerous occasions before the Enforcement Directorate and the enquiry was conducted for two years under Section 47 of the FEMA.

3. On 13.09.2018, the Enforcement Directorate got registered FIR No.179/2018 with the EOW Cell for Scheduled Offences under the Prevention of the Money Laundering Act, 2002 (hereinafter referred as PMLA) i.e. Sections 419 /420/467/468/471/476/120B IPC..Thereafter, instant ECIR No.05/HIU/2018 wa

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DELHI HIGH COURTYOGESH KHANNABimal Kumar Jain and Naresh Jain – AppellantVersusDirectorate of Enforcement – Respondent

DELHI HIGH COURT
YOGESH KHANNA
Bimal Kumar Jain and Naresh Jain – Appellant
Versus
Directorate of Enforcement – Respondent